Fishman Environmental Services ~ (3) CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
DERRY DELL CREEK SEWER ALIGNMENT AND GAARDE STREET-PHASE 2 WETLAND RESTORATION
THIS AGREEMENT made and entered into this 30th of July, 2004 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and Fishman Environmental Services,
a ""s�'°''L-1✓E;434 NW Sixth Avenue, Suite 304, Porland, OR 97209-3600; hereinafter called Consultant.
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RECITALS
WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the
services described in Consultant's proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant agrees to provide services related to wetland restoration as detailed in Exhibit A- Scope
of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on June 30, 2004. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees-to pay Consultant an amount not exceeding four thousand seven hundred and 00/100
dollars ($4,700) for performance of those services described herein, which payment shall be based
upon the following applicable terms:
A. Payment will be made in installments based on Consultant's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultant by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
G. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, hospital care or other needed care
and attention incident to sickness or injury to the employees of Consultant or all sums
which Consultant agrees to pay for such services and all moneys and sums which
Consultant collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENUDELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BH LS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices, bills,payments, and other information:
Contract Manager for City Contract Manager for Consultant
City of Tigard Company: Fishman Environmental Services LLD
Attn:Greg Berry Attn: Christi Gallen
13125 SW Hall Blvd.,Tigard, Oregon 97223 Address:434 NW Sixth Av#304 97209-3600
Phone: (503)6394171 ext.2468 Phone: 503 224-0333
Fax: 503 624-0752 Fax: 503 224-1851
Email Address: greg@ci.tigard.or.us Email Address:cgallen@fishmanenvironmental
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of
June, 2005 shall be accompanied by thirty (30) days written notice to the other party prior to the
date termination would take effect. There shall be no penalty for early termination. If City
terminates the contract pursuant to this paragraph, it shall pay Consultant for services rendered
prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit, examination,excerpts and transcripts.
9. FORCE MA.TEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subConsultant or supplies due to such cause; provided that the
cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Consultant and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Consultants who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Rating
All coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage, injury, or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant
or its subconsultants, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's negligence.
12. INSURANCE
Consultant shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Consultant's
activities or work hereunder.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shall provide City a certificate indicating that Consultant has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
24. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification,or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Consultant, by the
signature of its authorized representative, hereby acknowledges that Consultant ,has read this
Agreement, understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
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By: Agos ' P. Duenas, City Engineer Date
CONSULTANT
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By: Company Name
Print e &Title
of Authorized Represe tative
Sign Name Date
Gaarde Street Phase 2 & 1.,�h Avenue Mitigation Projects Proposal continued
b. Field assessment of plant survival. All trees and shrubs will be evaluat for height
and vigor to determine if replanting is necessary.
c. Prepare a monitoring report including photographic documentation lant survival data
and summary. Submit report to regulatory agencies by the fall of ea year.
ST ESTIMATE:
Ta k 1) Gaarde Street Project
a. Oversight of CEC crew $ 800
b. Field assessment of plant survival and non-native speci cover $ 500
Monitoring report $1000�___.d l
ual Expenses $ 50 2 3 ° D
Task 2) 11 th Avenue Sanitary Sewer Realignment Project
a. Ov sight of CEC crew $ 800
b. Fiel sessment of plant survival non-native ecies cover $ 500
c. Monito 'ng report $1000
Annual Exp ses ? o
$ 50 2 �
Total Not-to-Exceed C .. t Estimate Task 1: $2,35 /year
Total Not-to Exceed Cos stimate Task 2: $2,3 0/year
TERMS:
Services will be billed on a tim d material basis through the last Friday of the month in
accordance with our current fee s edule. osts may be less than the estimate. Balance is due
upon receipt of monthly invoices. nsul t agrees to perform consulting services with that
standard of care, skill, and diligence n ally provided by a professional in the performance of
similar environmental consulting servic . Note: Owner and employees of Fishman
Environmental Services, LLC are cov a by general liability insurance ($1,000,000); employees
are covered by Worker's Compensat' n ins ance. This proposal is valid for a period of 90 days.
NOTIFICATION TO PROCEED: lease have a party responsible for payment sign below and
return a copy of this form by mai or fax(503/22 -1851)to acknowledge acceptance of tasks,
cost estimate, schedule, and to s as described in t is proposal.
Greg Berry Date
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
(503) 718-2468, fax (5 ) 624-0752
Prepared by: to
Christie Gale , Senior Ecologist
FES Prop al p0407i Gaarde Street & 110`h Avenue Mitigation Projects
F= 'i.man Environmental Services, " _ C
CG. ..TANTS IN ECOLOGY AND NATURAL RESOURCE MANA%__.;(ENT
PROPOSAL FOR MITIGATION MONITORING SERVICES
July 27, 2004
Greg Berry
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
(503) 718-2468, fax (503) 624-0752
PROJECTS: Gaarde Street& 110th Avenue Mitigation Projects
FES Proposal p0407i
PROJECT UNDERSTANDING:
This proposal includes oversight of Cascade Education Corps, and monitoring and reporting of
mitigation success for 2 proposed wetland mitigation projects:
1. The Gaarde Street road widening project is located on SW Gaarde Street between 121St
Avenue and Highway 99W(Corps Nationwide Permit No. 2001-568). The project required
extending 2 existing culverts to maintain stream flow, impacting 0.009 acres of wetlands. Offsite
mitigation includes enhancing a reed canarygrass wetland along Fanno Creek at a 3:1 ratio
(0.027 acres) by controlling the reed canarygrass and planting native trees and shrubs (Oregon
ash, black cottonwood, Douglas spirea, Nootka rose). FES will provide oversight, monitoring
and reporting for this project. Successful mitigation requires a minimum of 80% survival of
planted wood species and less than 20% cover of non-native herbaceous species. Monitoring is
required for 3 years by DSL
2. 110`h Avenue Sanitary Sewer Realignment (Corps Nationwide Permit No. 2002-00290)
This project temporarily impacted Derry Dell Creek and adjacent wetlands to install a sanitary
sewer line. All damaged areas were required to be restored to pre-work conditions including
restoration of original streambank lines and contours. Also stream banks were to be stabilized
---with jute mat and bare ground seeded with spike bentgrass and American sloughgrass. Sitka
willow cuttings were to be planted 2 feet on center along the stream within the 15-foot wide
easement. FES will provide oversight, monitoring, and reporting for this project.
DESCRIPTION OF TASKS:
1) Gaarde Street Project
a. Oversight of CEC crew
b. Field assessment of plant survival. All trees and shrubs will be evaluated for height
and vigor to determine if replanting is necessary.
c. Prepare a monitoring report including photographic documentation, plant survival data
and summary. Submit report to regulatory agencies by the fall of each year.
2) 110`h Avenue Sanitary Sewer Realignment
a. Oversight of CEC crew
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434 NW Sixth Avenue,Suite 304 Portland OR 97209-3652 phone 503-224-0333 fax 503 224 1851
www.FishmanEnvironmental.com
EXHIBIT A
Scope of Services
Gaarde Street Phase 2 &'110th Avenue Mitigation Projects Proposal continued
b. Field assessment of plant survival. All trees and shrubs will be evaluated for height
and vigor to determine if replanting is necessary.
c. Prepare a monitoring report including photographic documentation, plant survival data
and summary. Submit report to regulatory agencies by the fall of each year.
COST ESTIMATE:
Task 1) Gaarde Street Project
a. Oversight of CEC crew $ 800
b. Field assessment of plant survival and non-native species cover $ 500
c. Monitoring report $1000
Annual Expenses $ 50
Task 2) 110th Avenue Sanitary Sewer Realignment Project
a. Oversight of CEC crew $ 800
b. Field assessment of plant survival non-native species cover $ 500
c. Monitoring report $1000
Annual Expenses $ 50
Total Not-to-Exceed Cost Estimate Task 1: $2,350/year
Total Not-to Exceed Cost Estimate Task 2: $2,350/year
TERMS:
Services will be billed on a time and materials basis through the last Friday of the month in
accordance with our current fee schedule. Costs may be less than the estimate. Balance is due
upon receipt of monthly invoices. Consultant agrees to perform consulting services with that
standard of care, skill, and diligence normally provided by a professional in the performance of
similar environmental consulting services. Note: Owner and employees of Fishman
Environmental Services, LLC are covered by general liability insurance ($1,000,000); employees
are covered by Worker's Compensation insurance. This proposal is valid for a period of 90 days.
NOTIFICATION TO PROCEED: Please have the party responsible for payment sign below and
return a copy of this form by mail or fax (503/224-1851) to acknowledge acceptance of tasks,
cost estimate, schedule, and terms as described in this proposal.
Greg Berry Date
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
(503) 718-2468, fax (503) 624-0752
Prepared by: Date
Christie Galen, Senior Ecologist
FES Proposal p0407i Gaarde Street & 110th Avenue Mitigation Projects